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PART 2 CALCULATION OF AWARDS FOR PART-TIME SERVICE

1.—(1) Where some or all of a person’s service, by virtue of which his pensionable service is reckonable, is part-time service, his injury gratuity or pension under Part 1 shall be calculated in accordance with this Part.

2.—(1) The amount of the gratuity or pension is—

(A x (B + C)) ÷ D

where—

A is the amount of that award calculated under Part 1 if the average pensionable pay was the pay the person would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable service as a whole-time employee of the Board;

C is the period in years of his pensionable service as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his pensionable service.

(2) Neither (B + C) nor D shall exceed 30 years.

Part 3

SCHEDULE 2 AWARDS FOR SPOUSES AND CIVIL PARTNERS

PART 1 SPECIAL PENSION

1.  Subject to paragraph 2, the weekly amount of a special pension is 45% of the deceased’s average pensionable pay for a week.

2.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special pension shall be calculated in accordance with the formula—

(A x (B + C)) ÷ D

where—

A is the amount calculated under Part 1 of Schedule 1 if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board;

B is the period in years of his pensionable service as a whole-time employee of the Board;

C is the period in years of his pensionable service as a part-time employee of the Board, expressed as a fraction, where the numerator is the total number of contractual hours during the part-time service and the denominator is the number of contractual hours for one year of whole-time service; and

D is the period in years of his pensionable service.

(2) Neither (B + C) nor D shall exceed 30 years.

PART 2 AWARD FOR SURVIVING SPOUSE OR CIVIL PARTNER OF POST-RETIREMENT MARRIAGE OR CIVIL PARTNERSHIP

1.—(1) Where the surviving spouse would otherwise have been entitled to a special award under rule 2 of Part 2 or an augmented award under rule 3 of that Part, the amount of his pension under that Part shall, subject to sub-paragraph (2), be calculated in accordance with paragraph 1 of Part 1 of Schedule 3 to the Pension Scheme in the same way as that of an ordinary pension.

(2) For the purposes of this paragraph, paragraph 1 of Part 1 of Schedule 3 to the Pension Scheme has effect—

(a) as if the reference in sub-paragraph (1)(a) to the base pension were a reference to the appropriate proportion of the base pension; and

(b) as if the base pension were the ill-health pension to which the deceased would have been entitled if he had, when he ceased to serve, retired because he was disabled in circumstances entitling him to such a pension.

2.  The appropriate proportion mentioned in paragraph 1(2)(a) is the proportion which the deceased’s relevant pensionable service bears to his total pensionable service.

Part 4

SCHEDULE 3 AWARDS ON DEATH: CHILDREN

PART 1 CHILD’S SPECIAL ALLOWANCE

1.  Subject to paragraph 4, the amount of a child’s special allowance is the appropriate percentage of the deceased’s average pensionable pay.

2.  Where one of the child’s parents is alive—

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 10; and

(b) if 5 or more special allowances are payable, the appropriate percentage is 40 divided by the number of allowances.

3.  In respect of any period during which neither of the child’s parents is alive—

(a) if fewer than 5 special allowances are payable in respect of the death, the appropriate percentage is 20; and

(b) if 5 or more special allowances are payable, the appropriate percentage is 80 divided by the number of allowances.

4.—(1) Where some or all of the deceased’s service, which is reckonable as pensionable service, was part-time service, the amount of special allowance shall be calculated using the formula in paragraph 2 of Part 2 of Schedule 1.

(2) In making the calculation mentioned in sub-paragraph (1), for the value of A there shall be substituted “A is the amount calculated under paragraphs 1 to 3 of Part 2 of Schedule 4 if the average pensionable pay was the pay the deceased would have received had he been a whole-time employee of the Board”.

PART 2 REDUCTION IN CHILD’S ALLOWANCE DURING FULL-TIME REMUNERATED TRAINING

1.—(1) This Part applies where a child entitled to an allowance under rule 1 of Part 4 (“the special allowance”)—

(a) is undergoing full-time vocational training; and

(b) is receiving in respect of that training remuneration at an annual rate which exceeds the rate specified in paragraph 3(1) (“the specified rate”).

2.—(1) Where this Part applies—

(a) if the amount by which the annual rate of the remuneration exceeds the specified rate (“the excess remuneration”) is the same as or larger than the effective amount of the relevant allowance, the allowance shall not be paid; and

(b) in any other case, the amount of the relevant allowance shall be reduced by that of the excess remuneration.

(2) Where other children are also entitled to allowances and one of the relevant provisions, that is to say paragraph 1(2)(b) and (3)(b) of Part 1 of this Schedule and sub-paragraphs 1(b) and 3(b) apply—

(a) where sub-paragraph (1)(a) applies, each of the other allowances shall be recalculated as if there were no entitlement to the relevant allowance; and

(b) where sub-paragraph (1)(b) applies, each of the other allowances shall be increased by the amount of the excess remuneration divided by the number of those allowances.

(3) Notwithstanding anything in sub-paragraph (2)—

(a) no child shall by virtue of that sub-paragraph receive an allowance greater than that to which he would be entitled if no relevant provision applied in his case; and

(b) the total of the effective amounts of the allowances to be paid under a relevant provision shall not by virtue of that sub-paragraph exceed what would otherwise have been payable under the relevant provision.

3.—(1) The specified rate is the annual rate (rounded up to the nearest pound) at which an official pension, within the meaning of the Pensions (Increase) Act (Northern Ireland) 1971(22) (“the 1971 Act”), would for the time being be payable if it had begun, and first qualified for increases under the 1971 Act, on 1st June 1972 and had then been payable at an annual rate of £250.

(2) The effective amount of an allowance is its amount together with that of any increase in it under the 1971 Act.

(22)

1971 c.56. Back [22]